By Ilana MoradyPatrick D. Joyce, and Coby Turner

Seyfarth Synopsis: On April 21, 2022, the Cal/OSHA Standards Board (“Board”) voted 6-1 to approve a third adoption of the Cal/OSHA COVID-19 emergency temporary standard (“ETS”). The revised ETS will likely go into effect the first week of May and will expire on December 31, 2022.

Background

As
Continue Reading Third Iteration of the Cal/OSHA ETS Approved

By Ilana MoradyPatrick D. Joyce, and Coby Turner

Seyfarth Synopsis: The Cal/OSHA Standards Board (“Board”) has published proposed language for the third adoption of the Cal/OSHA COVID-19 emergency temporary standard (“ETS”), which will be voted on during the upcoming April 21, 2022 Board meeting. The ETS, assuming it is readopted, will expire on December 31, 2022.
Continue Reading Third Iteration of the Cal/OSHA ETS is Around the Corner

By Robert S. Whitman and Amanda Williams

Seyfarth Synopsis: The New York Commissioner of Health has declined to extend the designation of COVID-19 as a highly contagious communicable disease under the NY HERO Act. Employers are no longer required to activate their safety plans.

As previously reported (most recently here), the New York State Commissioner of Health, on September
Continue Reading NY HERO Act Update: COVID-19 Designation Expires

By Daniel I.Small and Robert S.Whitman

Seyfarth Synopsis: This week, Governor Hochul announced that she will lift the mask-or-vaccinate mandate for nearly all public places of business on February 10, 2022.  The New York Department of Labor has now revised its model safety plan under the HERO Act to eliminate the mask requirement in most settings.  Other HERO Act
Continue Reading UPDATED: New York Lifts Mask-or-Vax Mandate and HERO Act Masking Requirement

By Ilana MoradyCoby Turner, and Patrick D. Joyce

Seyfarth Synopsis: On December 16, 2021, the Cal/OSHA Standards Board voted to readopt the COVID-19 Emergency Temporary Standard (“ETS”) with changes that will take effect January 14, 2022. This readoption includes many changes to the current ETS, including an elimination of many of the current distinctions between
Continue Reading Cal/OSHA Adopts Revised and Restrictive COVID-19 ETS

By Adam R. YoungRobert T. Szyba, Robert S. Whitman, and  Craig B. Simonsen

Seyfarth Synopsis: The New York Department of Labor published “Frequently Asked Questions” which address occupational cannabis issues under the adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA).

New York State has legalized medical and recreational marijuana, and
Continue Reading New York Department of Labor Attempts to Prohibit Drug Testing for Cannabis, Employment Actions Against Some Employees Who are Impaired at Work

By Adam R. YoungMelissa A. Ortega, and Craig B. Simonsen

Seyfarth Synopsis: On October 28, 2021, an amendment to the Illinois Health Care Right of Conscience Act passed the Illinois General Assembly and made its way to Governor Pritzker’s desk. The amendment creates a COVID-19 carve-out, but it will not go into effect until June 1,
Continue Reading A Swing and a Miss: Right to Conscience Objections to COVID-19 Vaccinations to Endure Until June 2022

By Daniel I. Small and Robert S. Whitman

Seyfarth Synopsis: With little fanfare and no public reporting, the New York Commissioner of Health extended the designation of COVID-19 as highly contagious, thereby requiring employers to keep their safety plans activated through October 31, 2021. 

As previously reported (herehere, and here), New York State’s health
Continue Reading NY HERO Act Update: Safety Plans Must Remain in Place

By Ilana R. Morady, Brent I. ClarkJames L. CurtisBenjamin D. Briggs, Adam R. YoungPatrick D. Joyce, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: California Governor Gavin Newsom signed SB 606 into law on September 27, 2021. It creates two new categories of Cal/OSHA violations: “enterprise-wide” and “egregious”. It
Continue Reading California Senate Bill 606 to Beef Up Cal/OSHA Enforcement Authorities

Seyfarth Synopsis: The deadline for employers to distribute their airborne disease prevention safety plan and post the plan in the workplace is approaching. 

As previously reported, the New York Department of Labor has published general and industry-specific model disease prevention protocols under the New York HERO Act. Employers were required to


Continue Reading NY HERO Act Update: Deadline to Distribute and Post Safety Plan Days Away